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A conviction in a criminal case is not the end of the road. There are still many legal options open to challenge the verdict, reduce the sentence, or seek justice. That is where a post-conviction lawyer comes into the picture. Unlike trial attorneys specializing in the judicial phase, lawyers who specialize in post-conviction review cases where a person was convicted establish legal errors involved and start appealing, among other legal cures. <br>Following are some fundamental reasons why seeking a post-conviction attorney is necessary.<br><br>
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Reasons for Hiring a Post-Conviction Lawyer A conviction in a criminal case is not the end of the road. There are still many legal options open to challenge the verdict, reduce the sentence, or seek justice. That is where a post- conviction lawyer comes into the picture. Unlike trial attorneys specializing in the judicial phase, lawyers who specialize in post-conviction review cases where a person was convicted establish legal errors involved and start appealing, among other legal cures. Following are some fundamental reasons why seeking a post-conviction attorney is necessary. ● Appeals: How to Overturn the Conviction A higher court will re-examine the ruling/decision of a lower court in this process, which is called an appeal. Appeals have deadlines and must include certain legal arguments. A post- conviction lawyer knows the mechanics of an appellate case, writes strong legal briefs, and advocates to establish that an appellate court can overturn the conviction or mitigate the sentence. ● The difficulty of Proving Ineffective Assistance of Counsel Claims A habeas corpus petition can be granted if the trial attorney provided incompetent legal representation that resulted in a wrongful conviction, such as failing to call necessary witnesses, failing to present certain evidence, or providing inadequate legal advice. A post-
conviction lawyer can gather new evidence, interview witnesses, and build a case showing that the former lawyer’s inaction or lack of expertise led to an unjust outcome. ● Sentence Reduction or Modification Even if the conviction is confirmed, a post-conviction lawyer may be helpful in reducing an excess sentence. This can be achieved with the help of legal motions to request clemency applications or sentence modification petitions based on mitigating factors, changes in law or sentencing, or exemplary behavior behind bars. ● Newly Discovered Evidence Sometimes, the actual critical evidence available after the convicting trial surfaces. Such is the case involving DNA evidence and witness testimony along with new forensic analysis proving their innocence. After conviction, post-conviction lawyers can prove this new evidence in court before the judge while arguing for re-trial and exoneration, respectively. ● Plea Bargain Challenges Many convictions occur because of plea deals, but sometimes defendants take an unfair plea agreement because they feel pressured, because they received poor legal counsel, or due to misinformation regarding their choices. A post-conviction attorney can evaluate if a plea bargain was coerced or based on bad legal counsel and try to get it withdrawn or renegotiated. Wrapping Up The post-conviction lawyer can be the last hope for justice when there is an unsuccessful conviction. Whether through appeals, habeas corpus petitions, or sentence modification, their expertise can benefit one when overturning wrong convictions or just the outcome of the situation in general. Consulting a post-conviction attorney can be a crucial step if you or a loved one has been convicted. Contact Us: Phone Number: (403) 262-1110) Email Id: melanie@yycdefence.ca Website: https://appeallawyer.ca/ Address: 921 – 18th Avenue S.W.Calgary, Alberta, T2T 0H2